Common use of Certain Understandings Regarding Royalty Payments Clause in Contracts

Certain Understandings Regarding Royalty Payments. The parties expressly agree that the royalties and milestones hereunder are in consideration of the use of Myogen Technology to identify, synthesize, select or find useful the Development Candidate as having a desired therapeutic effect on any Myogen Target or Collaboration Target. Therefore, notwithstanding any earlier expiration of the Licensed Patents, the term of payment of royalties hereunder is required to compensate Myogen from revenues NIBRI or its Affiliates may in the future derive from such use of the Myogen Technology and for the convenience of accounting.

Certain Understandings Regarding Royalty Payments. The parties expressly agree that the royalties and milestones hereunder are in consideration of the use of Myogen Technology to identify, synthesize, select or find useful the Development Candidate as having a desired therapeutic effect on any Myogen Target or Collaboration Target. Therefore, notwithstanding any earlier expiration of the Licensed Patents, the term of payment of royalties hereunder is required to compensate Myogen from revenues NIBRI or its Affiliates may in the future derive from such use of the Myogen Technology and for the convenience of accounting.